Nevada lawmakers keep trying to add more nitpicking laws for employers

At the rate the Democrats in the Nevada Legislature are going small businesses are going to have to fire all their employees and instead use independent contractors. The proposed laws being cranked out in Carson City could make employees too expensive and the paperwork too burdensome and the risk of failure to comply too great.

First there were the bills to raise the minimum wage up to $15 an hour. Then there was the equal pay for equal work bill that would require employers to keep massive amounts to paperwork to prove they are not violating existing federal law.

Now Senate Bill 196 would require employers to provide paid sick leave for three days a year with no questions asked but also require employers to keep three years of records on every employee and make those records available for inspection by the state Labor C0mmissioner.

Though news accounts say the requirement only applies to businesses with 50 or more employees, the current bill draft and the law it would amend have no such limitations. Curiously, though the bill and current law establish penalties of up to $5,000 per infraction, the fiscal note on the bill states: “Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.” Ominous.

How many straws can lawmakers pile on the backs of business owners?

 

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14 comments on “Nevada lawmakers keep trying to add more nitpicking laws for employers

  1. Rincon says:

    I’m with you on this one, Thomas. Paid sick leave rewards those who call in sick for every sniffle at the expense of the more dedicated employees. I also have another question. Why is it required to pay a worker time and a half past 40 hours per week if they are hourly, but it’s OK not to pay them at all for their extra work if they’re on salary? I suspect there are plenty of people who want more than 40 hours, but can’t have them because the employer would pay too great a penalty.

  2. Steve says:

    The overtime issue for salaried workers is not correct, Rincon.

    I have been a field engineer/tech/IT for near 20 years now.

    I am paid salary but if I work more than 40 hours in a week (In Nevada. California is 8 hours in a day) my employer pays us overtime. Also, the commute portion of the day does not apply in California.

    When I worked for Kodak, they had us on a “guaranteed 40” pay plan which is much the same as salary but the benefits don’t accrue as fast as a designated salary position.

  3. Steve says:

    As for sick days..I currently have 12 available. I am alone in my area and have taken one in a year. Ours “roll over” you keep them for use next year up to a limit.

    Kodak had sixty (yes 60) sick days a year. They were use or lose. In 15 years I took 4.

    People who abuse this benefit are subject to “monitoring”, if they aren’t, they should be.

    Mandating employers provide such benefits is wrong. EARNING such benefits is good, its a help your brother kind of thing.

    Sadly, liberals won’t understand this.
    You, as an employer, have a very conservative attitude towards sick days.

  4. Anonymous says:

    Steve, As a field engineer/Tech you are a Salary, non exempt employee. Meaning that you are paid salary but still are paid overtime. As an engineering manager I am Salary, Exempt meaning I am exempt from being paid overtime.

    I have been paid salary for many years; last year I worked close to 3000 hours but made the same as I will this year although I will work in the neighborhood of 2200 hours.

  5. bc says:

    As for sick days I do not have a set number. If I am sick I stay home and perhaps work some from home depending on how I feel. I take typically one sick day every 3 years or so, but I do take Dr. visits as paid time if the visit keeps me from working 8 hours in a day.

    If I made a regular habit of being sick, days or weeks per year, I would imagine there may be consequences or perhaps may be asked for Dr. notes. Never been that sick so I cannot say

  6. Steve says:

    Anon,

    From my pay advice.
    “Pay Calculation Basis: Hourly, Semi-Monthly, Non-Exempt ”
    Then, just below the net pay;
    “You are an exempt employee under FLSA.”

    My territory is 58% utilization.

    Your pay is much higher than mine and you earn benefits faster. That is your compensation for no overtime.

  7. bc says:

    I would probably disagree that you would be exempt under FLSA, but your company has taken the correct path by treating you as non exempt, my hat is tipped to them for taking such a path. By following that path the company is more likely to hang onto highly skilled field engineers, not always an easy task. But then my reading of FLSA is not always the same as companies and courts have read.

    And while my pay is enough to not cause a lot of resentment when I have a year like last year, it is likely not nearly what you might think and if you had a year like I had last year your pay would likely exceed mine.

  8. Steve says:

    When I worked for a small business as a bench tech (1990’s), the owner told me he paid salary so if he needed me to work longer than 8 hours in a day there was no over time and no compensated time off in exchange.
    My reply was that meant he could’t doc me for sick time or doctors visits, he wasn’t happy to hear that. But he stopped pushing me to work after hours. After a few years he told me liked that he could count on my being available without question for business hours. One day I was definitely ill and he sent me home, with pay. It took a couple days to get well again. He told me not to let anyone else know that he paid me for those few days. But in 12 years, those were the only days I needed.
    I gave him back the time at my own choice. I filled in for some Saturdays when he took his family on vacation. Pretty good, he trusted to open and close his business.
    We won the Nintendo contract and he paid to take me to Seattle with him to train at Nintendo.
    This from a low margin small business was total recognition.

    Reality is trust is earned. Benefits are earned. Mandating benefits is an insult to everyone who works to help themselves by helping others who also work hard.

    Help those who help themselves, takers don’t deserve any finger.

    And Rincon has a very conservative outlook on employee relations.

  9. Steve says:

    bc,
    Thanks!

    Yes, in my Kodak/Qualex days, the overtime did exceed the pay of middle managers quite often.
    But 70 to 100 hour weeks really aren’t worth the money.

  10. Rincon says:

    In Illinois, there are exempt employees such as professionals and agricultural workers, but most employees receive either time and a half past 40 hours or they receive nothing at all. Straight pay is not an option so far as I know.

  11. Steve says:

    Sure it was, Rincon.

    Kodak holds and maintains business licenses in each of the 50 states.

    Kodak used the guaranteed 40 with overtime for every non exempt employee. Including all of them in Illinois and (last I heard) Kodak has a good number of employees in your state to this day.

    You are very conservative when it comes to operating your business.

  12. Rincon says:

    Giving employers only the choices of paying time and a half or nothing at all isn’t liberal, it’s lunacy. Besides, I don’t believe I’m a liberal – more of a moderate, but compared to you guys, I look positively radical sometimes (and sometimes not).

  13. Steve says:

    “I don’t believe I’m a liberal – more of a moderate”

    belief
    [bih-leef]
    Spell Syllables
    Synonyms Examples Word Origin
    See more synonyms on Thesaurus.com
    noun
    1.
    something believed; an opinion or conviction:
    a belief that the earth is flat.
    2.
    confidence in the truth or existence of something not immediately susceptible to rigorous proof:
    a statement unworthy of belief.
    3.
    confidence; faith; trust:
    a child’s belief in his parents.
    4.
    a religious tenet or tenets; religious creed or faith:
    the Christian belief.

    Yup, belief is totally subjective. Based on my social media accounts, since I piss off both liberals and conservatives equally, it follows I am too extreme for both sides!
    Therefore, I must be near centrist.

    Lost an equal number of both sides. Have since blocked all “political” hype sites and now my feed is nice and quiet….mostly, the only things I get are now personal posts, no more “shared” crap.

  14. Rincon says:

    If we’re both centrists, then one would expect us to agree much of the time, so what’s wrong? My answer of course, is that you are! 🙂 I guess there’s room in the middle for more than one opinion.

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